11 EU restrictive measures against Tunisia
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny
|
| Document details | Council Decision and Council Implementing Regulation concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia
|
| Legal base | (a) Article 29 TEU; unanimity
(b) Article 215 TFEU; QMV
|
| Department | Foreign and Commonwealth Office
|
| Document numbers | (a) (36520), — (b) (36521), —
|
Summary and Committee's conclusions
11.1 On 4 February 2011 the EU imposed an asset freeze against
48 members of the former regime in Tunisia who are held responsible
by the new Tunisian authorities for the misappropriation of Tunisian
State funds.[28]
11.2 These measures consist of a freezing of funds and economic
resources of those persons listed in the annex to the CFSP Decision,
and were imposed following the 2011 resignation of former President
Ben Ali. There are no travel restrictions imposed through these
measures.
11.3 The draft Decision and Implementing Regulation seek to amend
Council Decision 2011/72/CFSP by extending the current sanctions
for another year, until 31 January 2016. They accordingly provide
for the extension of restrictive measures against "persons
responsible for misappropriation of Tunisian State funds, and
who are thus depriving the Tunisian people of the benefits of
the sustainable development of their economy and society and undermining
the development of democracy in the country". They also make
a small change to the identifiers of three individuals, who are
deceased, but against whom judicial proceedings are continuing
in Tunisia, and who would accordingly remain on the list of persons
subject to the EU measures.
11.4 The Minister for Europe (Mr David Lidington) notes that Tunisia
successfully completed its transition to democracy in 2014 by
holding its first full-term legislative elections in October 2014
and first ever democratic Presidential election in November and
December 2014. He recalls that addressing the corruption of the
previous regime has been a priority, though progress has been
slow in respect of international asset recovery. He also notes
that the asset freeze itself does not enable Member States to
seize assets deemed to have been corruptly obtained, or return
them to the Tunisian State, and that "further action through
the criminal justice system in the requesting state is required";
and declares that: "Supporting the aspiration to extend the
current restrictive measures will allow investigations into the
alleged corruption of listed individuals to be completed".
11.5 In its Conclusions of 19 January 2015, the Foreign Affairs
Council:
— congratulated
Tunisia in the wake of the legislative and presidential elections,
which "marked an historic step in the country's democratic
transition";
— welcomed
the democratic commitment and the sense of responsibility of the
Tunisian people and of all the political leaders and civil society;
— congratulated
Mr Béji Caïd Essebsi on his election as President
of Tunisia, as well as the newly-elected representatives of the
Tunisian people;
— professed
its steadfast commitment to cooperating with the new President
of Tunisia, the next government, and the whole of Tunisian society,
in order to "deepen the Privileged Partnership between the
EU and Tunisia"; and
— reiterated
its willingness to continue to back the efforts of the new authorities
with political and financial support commensurate with both the
progress already achieved and the challenges faced.
11.6 As was the case a year ago (see "Background"
below), although no questions arise from the proposals themselves,
we are nonetheless reporting the renewal of these measures because
of the widespread interest in developments in Tunisia —
where the "Arab Spring" began, and which in many ways
continues to carry a torch that has been dimmed in those other
Arab countries that followed in its wake.
11.7 We now clear the Council Decision and Council
Implementing Regulation.
Full details of the documents:
(a) Council Decision
amending Council Decision 2011/72/CFSP concerning restrictive
measures directed against certain persons and entities in view
of the situation in Tunisia: (36520), —; (b) Council Implementing
Regulation implementing Council Regulation (EC) No. 101/2011 concerning
restrictive measures directed against certain persons, entities
and bodies in view of the situation in Tunisia: (36521), —.
Background
11.8 The Council Decision and Council Implementing
Regulation that the Committee cleared from scrutiny a year ago
enable a further 12 months "roll-over", to 31 January
2015. The
Decision and Implementing Regulation thus provided for the extension
of restrictive measures against persons adjudged by the post-revolutionary
authorities to have been "persons responsible for misappropriation
of Tunisian State funds, and who are thus depriving the Tunisian
people of the benefits of the sustainable development of their
economy and society and undermining the development of democracy
in the country". They also made amendments to the grounds
for listing of 45 of the 48 listed individuals. The measures
consist of a freezing of funds and economic resources of those
persons listed in the annex to the Decision.
11.9 As the Minister for Europe noted, the 48 individuals
listed are former President Ben Ali, his wife Leila Trabelsi and
other members and close associates of their families. With regard
to the amendments to the grounds for listing 45 of the 48, the
Minister recalled that three of the listed individuals (Fahed
Al Matri, Mohamed Trabelsi, and Slim Chiboub) successfully challenged
their listing in the General Court in May 2013. The General Court
ruled that their statement of reason for listing (which referred
to money laundering) did not meet the criterion for designation
(responsibility for misappropriation of State funds) in the relevant
Decision and Regulation. The Foreign Affairs Council then adopted
a new Decision and Implementing Regulation on 31 July 2013, which
amended these statements so that they referred back to the designation
criteria, and ensured that Matri, Trabelsi and Chiboub remain
listed (the Committee cleared these at its meeting on 4 September
2013). The 2014 Decision and Implementing Regulation accordingly
made the same amendments to the remaining 45 listings, and reduced
the risk of any further legal challenges being made. As of now,
the Minister said, legal proceedings against all the listed individuals
were continuing in Tunisia. Although some individuals had challenged
their listings, either on hardship grounds or by providing more
detailed legal evidence, EU partners were satisfied that the existence
of national legal proceedings provided sufficient justification
to maintain all the listings.
11.10 More generally, the Minister said that Tunisia
had made impressive progress in its transition to democracy. Addressing
the corruption of the previous regime continued to be a priority
for the government, though progress had been slow in a post revolution
environment. The asset freeze did not itself enable Member States
to seize any assets deemed to have been corruptly obtained, or
return them to the Tunisian State; further action through the
criminal justice system was required before such measures could
be taken. He therefore supported the aspiration to extend the
current restrictive measures to allow investigations into the
alleged corruption of listed individuals to be completed and ensure
that the structures and processes in Tunisia were in place to
return misappropriated assets to their rightful owners.
11.11 Although no questions arise, the Committee
concluded that a Report to the House was warranted because of
the level of interest in developments in "the new Tunisia",
and because it illustrated how the EU continued to endeavour to
help a new regime that was itself endeavouring, in what were no
doubt difficult circumstances, to develop a law-based approach
that, if it could be developed in this sensitive area, could have
much wider positive repercussions.[29]
The draft Council Decision and Council Implementing
Regulation
11.12 In his Explanatory Memorandum of 14 January
2015, the Minister for Europe says that:
— the
Tunisian government has confirmed that national legal proceedings
against all 48 listed individuals are continuing in Tunisia;
— since
the last review in 2014, the Tunisian government have provided
further information on three of the listed individuals who have
been deceased since 2011:
Mr. Moncef Ben Mohamed Ben Rhouma TRABELSI
Mr. Mohamed Adel Ben Mohamed Ben Rehouma TRABELSI
Mr. Faouzi Ben Haj Hamda Ben Haj Hassen BEN ALI
— judicial
proceedings against the deceased are continuing in Tunisia, so
they should remain on the list of persons subject to the EU measures;
and
— the
revised measures will amend the identifying information for the
deceased persons.
The Government's view
11.13 The Minister comments as follows:
"Tunisia successfully completed its transition
to democracy in 2014 by holding its first full-term legislative
elections in October 2014 and first ever democratic Presidential
election in November and December 2014. Addressing the corruption
of the previous regime has been a priority but progress has been
slow in respect of international asset recovery. The asset freeze
itself does not enable Member States to seize assets deemed to
have been corruptly obtained, or return them to the Tunisian State.
Further action through the criminal justice system in the requesting
state is required. Supporting the aspiration to extend the current
restrictive measures will allow investigations into the alleged
corruption of listed individuals to be completed."
11.14 On 19 January 2015, the Foreign Affairs Council
adopted the following Conclusions on Tunisia:
"1. The European Union congratulates
Tunisia in the wake of the legislative and presidential elections
which mark an historic step in the country's democratic transition.
"2. It welcomes the democratic
commitment and the sense of responsibility of the Tunisian people
and of all the political leaders and civil society who have managed
to preserve a spirit of dialogue conducive to ensuring the success
of this process. The EU pays tribute to the Independent High Authority
for the Elections (ISIE) which has excellently organised several
free, transparent and democratic elections within a short period
of time. Tunisia's democratic transition is a source of hope and
inspiration for other peoples of the region.
"3. The EU congratulates Mr
Béji Caïd Essebsi on his election as President of
Tunisia, as well as the newly-elected representatives of the Tunisian
people. It wishes the new authorities every success with the inclusive
preparation and the implementation of the reforms which are key
to consolidating the rule of law and the democratic achievements
of the new Constitution, guaranteeing the security of all Tunisians
and meeting the economic and social aspirations that were behind
the 2011 revolution.
"4. The EU remains steadfastly
committed to cooperating with the new President of Tunisia, the
next government, and the whole of Tunisian society, in order to
deepen the Privileged Partnership between the EU and Tunisia.
With this in mind, the EU will continue to back the efforts of
the new authorities with political and financial support commensurate
with both the progress already achieved and the challenges faced."[30]
Previous Committee Reports
None, but see (35736), — and (35737),
—: Thirty-third Report HC
83-xxx (2013-14), chapter 19
(29 January 2014) and the earlier
Reports referred to therein.
28 The full background to the measures in question
is set out in our previous Report - (35736),-; (35737),-: Thirty-third
Report HC
83-xxx (2013-14), chapter 19 (29 January 2014) - and
the earlier Reports referred to therein. Back
29
See (35736), - and (35737), -: Thirty-third Report HC
83-xxx (2013-14), chapter 19 (29 January 2014). Back
30
Available at http://www.consilium.europa.eu/en/press/press-releases/2015/01/fac-150119-council-conclusions-on-tunisia/.
Back
| 
